Nepal’s Gen Z Movement: Human Rights Commission Preparing Decision After Investigating Events of September 8-9
Image source, EPA/Shutterstock
The National Human Rights Commission investigating the Gen Z youth protests on September 8 and 9 last year and the subsequent disruptive incidents has yet to release its report due to a delayed response from the Nepalese Army, a commission member has revealed.
The commission had planned to publish the report before the elections scheduled for February 4.
However, two months later, investigation committee coordinator and commission member Lili Thapa told BBC that the report would take another “week to ten days” to finalize.
“They are drafting the decision that needs to be submitted to the government. It will be made public as soon as possible,” she said.
“The Nepalese Army delayed in sending their response. They only sent it after our committee had already been dissolved.”
The commission team, claiming to have conducted a detailed six-month investigation into the protests, submitted the report to the chairperson in the first week of Chaitra. A commission spokesperson stated that the matter is “under study.”
“After the committee submitted the report to the chairperson, he assigned members to study it and decide. So far, the members have not conveyed their decisions,” said deputy spokesperson Shyambabu Kafle.
100-Page Response Sent by Army
Image source, EPA/Shutterstock
Investigation committee coordinator Lili Thapa has often set deadlines for presenting the report to the government.
Thapa said the army provided its written response about one and a half weeks after the report’s submission.
“The commission received a 100-page response, which also needs to be reviewed. The commission has accepted that response,” Thapa said.
“It is taking some time not only to make a decision but also to verify the details.”
She stated there is no external pressure and the delay is due to technical reasons within the commission.
“I led the investigation, so I haven’t been able to write the decision yet. The chairperson and two other members are currently drafting it.”
During the protests, the commission team recorded statements from many individuals, including former Prime Minister KP Sharma Oli, then Kathmandu Metropolitan City Mayor, and current Prime Minister Balendra Shah ‘Balen’.
The report recommends action against those responsible for police repression on September 8 and destructive incidents on September 9.
Implementation Is ‘Binding’
Image source, NHRC
For recommendations to proceed to the next stage, the commission’s full meeting must pass them.
“Recommendations by the Human Rights Commission are binding in legal and democratic countries,” deputy spokesperson Kafle stated.
“The Supreme Court of Nepal has also upheld the commission’s recommendations as binding.”
However, past recommendations have not been implemented satisfactorily.
Image source, NHRC
The report, which took more than six months to compile, reportedly concludes that ‘serious human rights violations were committed by the state’ during the September protests, holding the then prime minister, home minister, and security officials accountable. These details have appeared in some media outlets.
However, commission officials have refused to comment on the leaked details, stating the full commission meeting has yet to study and approve the report.
How Is Implementation Carried Out?
According to deputy spokesperson Kafle, anyone found guilty in the investigation can be recommended for action by the commission.
“No one can be exempted. The commission can recommend action against those found responsible,” Kafle said.
“Any citizen of Nepal, regardless of their position or title, can fall under the scope of such recommendations. In the past, we have even recommended action against Indian security personnel.”
Image source, Reuters
The commission is preparing to submit its report to the Prime Minister’s Office, as it serves as the contact office for constitutional bodies.
“If necessary, some recommendations can be sent directly, such as letters for police action,” Kafle added.
“Most recommendations are sent through the Prime Minister’s Office.”
According to experts, these recommendations from the Prime Minister’s Office are forwarded to the Attorney General’s Office and, if required, to the police for further investigation.
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